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Adventures By The Sea, Inc.
299 Cannery Row, 210 Alvarado Street, 685 Cannery Row, Monterey, CA 93940 831-372-1807
Surrey Rental Form and Acknowledgement of Financial Liability

I accept for use the equipment listed on the rental form in its condition “AS IS.” I have examined the equipment and determined that it is in good working condition. While renting this equipment, I will be responsible for its care and will return it in as good condition as when received, normal wear and tear excepted. If I fail to return any of the equipment rented under this agreement, I will pay for its replacement at FULL RETAIL VALUE.

To avoid any additional charges, I agree to return the equipment rented under this agreement in a clean condition by the agreed time and I further agree to pay any and all late return fees or collection costs that may apply, including attorney fees.

I have carefully read this agreement and fully understand its contents. I am aware that this is an acknowledgement of financial liability and a contract between myself and ADVENTURES BY THE SEA, INC., and/or its rental agents and I sign it of my own free will.

I agree to pay $20.00 for any broken or bent pedals.


 

I understand the surrey is to be used only on the recreational trail between Fisherman’s Wharf in Monterey and Lovers Point in Pacific Grove, and it is not street legal


 

Drivers of all surreys must have a valid driver’s license.


 

 

Adventures By The Sea, Inc.

Acknowledgement of Risks, Assumption of Risks and Responsibility, and Release of Liability

WARNING: There are significant elements of risk in any adventure, sport or activity associated with pedal driven cycles including but not limited to bicycles, quadricycles, and unicycles (referred herein as “activity”), and the use of any equipment. It is up to you to master the basics—moving, maneuvering, shifting gears, braking and turning before beginning your activity; to obey all traffic regulations and to yield to pedestrians. Otherwise, you pose a danger to yourself and to others.

ACKNOWLEDGEMENT OF RISKS: I recognize that there are inherent risks in this type of activity. These risks may result in serious injury or death and include but are not limited to the following: 1) falls; 2) collisions with pedestrians, cycles, cycle riders, vehicles, manmade and natural objects; 3) hazards of trails, routes, or roadways including uneven or unstable surfaces, steep grades, sharp turns, and/or obstruction; 4) the presence of water, sand, gravel, mud, oil, and debris which may inhibit my ability to maneuver or stop; 5) cold weather and heat-related injuries or illnesses including hypothermia, frostbite, heat exhaustion, heat stroke and dehydration; 6) inclement weather, fog banks which can reduce visibility to near zero, varied or severe wind, weather or temperature conditions; 7) slippery conditions associated with fog drip, rain, other precipitation, and ice; 8) my physical coordination, ability to balance or control a bicycle, the speed at which I travel, and my ability to follow directions; 9) equipment failure including tire puncture and problems in shifting or braking; 10) loss of or damage to personal property; 11) fatigue, chill and/or dizziness which may diminish my reaction time and increase the risk of an accident; 12) accidents or illnesses occurring in remote places where there are no available medical facilities.

I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death. I understand that the use of alcohol or drugs may impair my abilities.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITIES: I agree to assume responsibility for those risks identified herein and those not specifically identified. I certify that I am physically and mentally capable of participating in this activity. My participation in this activity is purely voluntary. No one is forcing me to participate. I elect to participate in spite of the risks. Therefore, I assume full responsibility for myself and any minor children for which I am responsible, for bodily injury, accidents or illness, death, loss of personal property and any related expenses. Head injuries pose a serious risk to bikers. I understand the benefits of wearing an ANSI or SNELL approved safety helmet while cycling.

I assume the risk(s) of personal injury, accidents or illness, including but not limited to sprains, torn muscles or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, “road rash” or contusions; dehydration, oxygen shortage (anoxia), exposure or altitude sickness; head, neck or spinal injuries; animal bite or attack, insect bite or allergic reaction; shock, paralysis, or death.

I assume the financial responsibility to replace or repair any equipment that is rented to me that is not returned or is returned in any condition other than how it was rented to me (excluding normal wear and tear).

COVENANT OF GOOD FAITH: I recognize that you, as provider of services, will operate under a covenant of good faith and fair dealing, but that you may find it necessary to terminate an activity due to forces of nature, medical necessities or problems in the group; and/or refuse or terminate the participation of any person you judge to be incapable of meeting the rigors or requirements of participating in the activity. I accept your right to take such actions for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to cycling objectives.

AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I agree that any film or photographs of me/us as participants, become your property and may be used for promotional or commercial purposes.

RELEASE: In consideration of services or property provided, I for myself and any minor children for which I am parent, legal guardian or otherwise responsible, any heirs, person representatives or assigns, do hereby release:

ADVENTURES BY THE SEA, INC.

its principals, directors, officers, agents, employees and volunteers, and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted, from all liability and waive any claim for damage arising from any cause whatsoever (except that which is the result of gross negligence).

I have read the foregoing warning, acknowledgement of risks, assumption of risk and responsibility, and release of liability. I understand that by signing this document I may be waiving valuable legal rights.

Today's Date: December 26, 2024 


First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Phone Number

Phone Number *
Parent or Guardian's Email Address

Email
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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